Possession of a Controlled Substance in Montana

Talk to a Criminal Defense Lawyer

All states regulate the illegal possession of controlled dangerous
substances (CDS), though each differs in its exact definition of CDS and
the penalties for possession. Montana classifies not only well-known
drugs like marijuana, heroin, and cocaine as CDS, but also the compounds
used to manufacture them.

Also, while marijuana is considered a CDS, this article does not
cover Montana’s marijuana possession and sale laws. To learn more about
that topic, see Montana Marijuana Laws.

How Montana Classifies CDS

Montana divides CDS into five “schedules.” Schedule I lists the most
dangerous drugs, which have a high probability of abuse and addiction,
and no recognized medical value. Schedules II, III, IV, and V decrease
in dangerousness and probability of abuse, and increase in recognized
medical uses.

These classes are also used to determine the severity of the
applicable fines and jail (or prison) time for illegally possessing CDS.
If you’ve been arrested for illegal CDS possession, you’ll need to
consult the Montana Code that lists precisely which drugs fit into each
group.

Penalties for Illegal CDS Possession

It is illegal in Montana to possess CDS without a valid medical
prescription. A person convicted of a first violation is presumed to be
entitled to deferred imposition of the otherwise applicable prison
sentence (described below). This means that the judge will place the
defendant on probation for a certain time period and with certain
conditions. Upon successful completion, the defendant’s prison sentence
will be suspended. However, at the judge’s discretion, the following
penalties may nonetheless be imposed without deferral, especially when
the violation involved large amounts or especially dangerous CDS. (Mt.
Code Ann. § 45-9-102(7).)

Anabolic steroids

Possessing anabolic steroids is punishable with a fine of at least
$100 (and up to $500), up to six months in jail, or both. (Mt. Code Ann.
§ 45-9-102(3).)

Opiates

Possessing opiates is punishable with a fine of up to $50,000, at
least two (and up to five) years in prison, or both. (Mt. Code Ann. §
45-9-102(4).)

Other CDS

Possessing any other CDS (excluding marijuana) is punishable with a
fine of up to $50,000, up to five years in prison, or both. (Mt. Code
Ann. § 45-9-102(6).)

Second and subsequent convictions for possessing methamphetamine
incur a fine of up to $50,000, at least three (and up to five) years in
prison, or both. However, the judge may allow the defendant to take part
in a residential methamphetamine treatment program during the first
three years of the prison sentence; upon successful completion, the
judge will suspend the remainder of the defendant’s prison sentence.
(Mt. Code Ann. § 45-9-102(5)(a).)

Talk to an Attorney

Illegally possessing CDS incurs both heavy fines and long periods of
incarceration. A local lawyer who practices CDS defense will review the
facts of your case, explain your options, and advise you of the possible
consequences.